- 101 - benefits would have been too great.23 The nontax benefits of holding and selling Kannex's share of the notes would be shared in the same ratio as the costs associated with that share, but, in all events, these benefits would necessarily be less than the costs. If the section 453 investment strategy was economically justifiable in part on the basis of expected pretax returns, and the partners understood that Colgate, as the beneficiary of the strategy, would bear virtually all transaction costs, then the strategy must have provided Colgate a realistic possibility of recovering these costs for the section 453 investment strategy to be deemed profitable. We examined the proposition that Colgate could reasonably have expected to recover the transaction costs of the strategy through cash flows from the LIBOR Notes, and we now set forth our analysis with respect thereto. Colgate's return was a function of two variables. First, the credit quality of the issuers of the LIBOR Notes could have affected Colgate's returns. The possibility of benefitting from 23 The BOT Notes had a tax basis of $104.467 million. Even if we assume that interest rates rose by 500 basis points, causing an increase in the cost to acquire Kannex's interest in the notes from $20.955 million ($25.361 million x .8263) to $29.283 million ($35.439 million x .8263) and a decrease in the taxable loss recognizable on the sale of Kannex's interest in the notes from $66.842 million (($104.467 million - $23.574 million) x .8263) to $58.622 million (($104.467 million - $33.521 million) x .8263), each $1 that Colgate paid to acquire Kannex's interest would still produce more than $2 of taxable losses.Page: Previous 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Next
Last modified: May 25, 2011